Georgia Immigration Legal Questions

Eligibility to enter the U.S. with a visitor's visa or through the Visa Waiver Program (facilitated with ESTA) requires "nonimmigrant intent," i.e. an intention to enter the U.S. only temporarily and then depart. Entering the U.S. in those ways while having "immigrant intent," i.e. an intention to remain permanently, is deemed to constitute visa fraud, with very harsh immigration-related consequences. Starting earlier this month, immigration authorities announced an increased focus on scrutinizing for this type of visa fraud and viewing the filing of an immigration application soon after entering, or even becoming married near the date of entry, to constitute evidence of visa fraud. Assuming that your fiance is an American citizen, options for you to be able to enter the U.S. and complete steps to become a Lawful Permanent Resident (to get a "Green Card') including (1) applying for a K-1 fiance visa, marrying within the required time, and applying for adjustment of status, or (2) marrying abroad and pursuing consular processing. Especially since errors in the application process or failure to provide a full set of necessary supporting documents can create significant delay, it would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant details about you, your fiance, your immigration-related history, etc., would be able to advise you of eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

The citation you received indeed will need to be revealed to the USCIS in the application process (and if you failed to reveal it note that the USCIS would learn of it through the background checks it undertakes regardless of the dismissal of charges and the sealing of the record), In some instances this criminal matter may render you ineligible for naturalization and even could trigger more harsh immigration consequences, notwithstanding that the charge was dismissed and notwithstanding that the record was sealed. The USCIS treats some dismissals as the equivalent of convictions if the record indicates the material elements of the offense were acknowledged. There really is no substitute for you to consult with an immigration attorney who, after learning all of the relevant information and reviewing the marijuana offense police/court records, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Generally a U.S. citizen age 21 or older may sponsor for permanent residency a parent who entered the U.S. lawfully and with inspection (such as with a visitor's visa). This is true regardless of whether the parent may have long overstayed her visa and regardless of whether the U.S. citizen child is unemployed. If the U.S. citizen child is unemployed or otherwise does not have sufficient documentable income, then it may be necessary to have a joint sponsor in the application process. Generally any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities associated with the Affidavit of Support may qualify as a joint sponsor. Of course, there are many other details that determine eligibility. It would be wise for you and your mother to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

A Form I-130 Petition for Relative Alien can be successful even if the U.S. citizen Petitioner is unemployed and even if she resides outside the U.S. Of course, there are many other details that determine eligibility for the I-130 as well as for consular processing or adjustment of status applications. It would be wise for you and your spouse to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Backlogs for visas in each category are reported monthly in the Visa Bulletin issued by the U.S. Department of State. As you can see from the October Visa Bulletin (https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-october-2017.html) there is a significantly longer backlog in the F2 category than in the F1 or Immediate Relative category. When your mother becomes a naturalized citizen there will be no need to file a new Form I-130 Petition for Relative Alien. If your Priority Date already was reached and an I-485 Application for Adjustment of Status already was filed, then at the appropriate time you may notify the USCIS of your mother's new status as a U.S. citizen (and provide a copy of her Naturalization Certificate). Of course, there are many other details that determine eligibility. The naturalization application process often is significantly more complex than it may appear from just carefully reading the form, its instructions and the naturalization statute. Errors made in the application process or failure to provide a full set of supporting documents can create delays or even more harsh consequences. It would be wise for your mother to consult with an immigration attorney about naturalization. After learning all of the relevant information, the attorney could advise about eligibilities, options and strategies for naturalization and then could offer legal representation in the often complex application process.... Read Answer

I suspect that access to your 401K monies is unrelated to your Social Security Number, and instead is governed by federal tax laws, retirement account regulations and the 401K plan itself. Legal analysis and action related to your 401K is not governed by immigration law. You should seek advice from an attorney whose practice focuses on claims involving retirement accounts.... Read Answer

In the process of applying to become a naturalized citizen, your wife may (but is not required to) have her Naturalization Certificate identify her by her married name. If she changed her name in a way other than simply through marriage, such as through a Court Order legally changing her name, then she will be required to inform the USCIS of that and to supply a copy of the court order; her new legal name will then appear on her Naturalization Certificate. Inconsistent identification of a person's name in important documents can add significant complexity to an application process. Nonetheless, regardless of whether your wife's name change makes her birth record, naturalization certificate and/or other relevant documents inconsistent, she still may be able to sponsor you to adjust status to become a Lawful Permanent Resident (to get a "Green Card"). It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

A U.S. citizen's application for needs-based public assistance will not stand in the way of eligibility for her husband's eligibility to become a Permanent Resident. Note, however, that there may be very significant problems associated with your fiance's plan to enter the U.S. with a visitor's visa while planning to marry you and then apply to adjust status (i.e., to remain permanently with a "Green Card"). In fact, that may constitute visa fraud with very harsh immigration-related consequences. There really is no substitute for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options, and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

A U.S. citizen may petition for a sibling in the Family-Based Fourth Preference visa category. There is a very long backlog for visas in that category - for a newly filed case it may take 15 - 20 years or even longer for a visa to become available (notwithstanding that the Visa Bulletin appears to indicate a shorter time), and so it is quite rare for that to be a desirable visa strategy. There are many details that can determine the amount of time it would take for a parent to sponsor a child. There really is no substitute for you and your family to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options, and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Generally, a U.S. citizen may sponsor a spouse to "consular process" in order to enter the U.S. and become a Permanent Resident, and this is true even if the U.S. citizen spouse does not have sufficient documentable income to meet the Affidavit of Support requirements. If the U.S. citizen spouse does not have sufficient documentable income, then it may be necessary to have a joint sponsor in the application process who also files an Affidavit of Support. Generally any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated by the Of Affidavit of Support will be eligible to serve as a joint sponsor. Of course, there are many other details that determine eligibility. It would be wise for you and your to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options, and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Significantly more information is needed in order to provide a legal analysis. Of course, you, as a U.S. citizen, may enter the U.S. by showing your U.S. passport. In general, a foreign national may use his valid visa and his passport to enter the U.S., but some exceptions apply, such as if the foreign national has a visitor's visa (or some other types of nonimmigrant visas) and his intention is to become married and apply to remain in the U.S. as a Permanent Resident. If that may be his intention, then it would be wise for you and him to consult with an immigration attorney who, upon learning all of the relevant facts, could advise about eligibilities, options, and strategies to attain your goals.... Read Answer

Significantly more information is needed in order to provide a legal analysis of whether you may sponsor your father for immigration benefits following his 11 - 12 years absence from the U.S. Those details will include, for example, the reason he was deported/removed more than 10 years ago. There really is no substitute for you and your father to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Significantly more information is needed in order to provide a legal analysis of ways you may be able to sponsor your domestic partner/fiance and her son for immigration benefits. Note that if she now is located abroad, a marriage ceremony in the U.S. without her may be invalid. A fiance visa is only available to those engaged to be married to U.S. citizens. Only some types of nonimmigrant visas (like an H1B visa) would permit your partner/fiance to enter the U.S. with the intention of marrying you and then staying permanently, and misuse of other nonimmigrant visas (such as a visitor's visa) could have very harsh immigration-related consequences. There really is no substitute for you and your fianc?e to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

There is no visa category by which a U.S. citizen may sponsor a girlfriend to receive immigration benefits, but a U.S. citizen may sponsor a spouse to become a Permanent Resident (to get a "Green Card") through an application in the Immediate Relative visa category. Of course, there are many other details that determine eligibility for a marriage-based adjustment of status case. If you may be considering marriage to your girlfriend, then it would be wise for the two of you to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Had your family been represented by an immigration attorney you: (1) would have known when your son's adjustment of status application had been approved, and (2) would have known that a temporary passport stamp could have been obtained for your son so that he could exercise all of the privileges (including travel and employment) associated with his new Permanent Resident status. When the "Green Card" was returned to the USCIS as undeliverable, there was a mechanism for having it re-sent to the correct address. Beyond that, you did not mention whether your son complied with the obligation to notify the USCIS of the new residential address within 10 days of moving by filing a Form AR-11 to cover him generally and also specifically in his then-pending adjustment of status application. These are reasons to believe you would be unsuccessful in any attempt to seek recompense from the Post Office through a contract or tort lawsuit.... Read Answer

A valid filing fee check must be sent with a re-submitted adjustment of status application, and it does not matter whether it is the same non-negotiated/"uncashed" check initially supplied with an application that was rejected by the USCIS for filing. Especially since you already have been unsuccessful once in your attempt to pursue the often complex application process without legal representation, it would be wise for you to consult an immigration attorney before you re-submit your application. An immigration attorney will be able to assure eligibility as well as the proper preparation of the application package with a full set of supporting documentation. This, in turn, can help you avoid further delays or even more harsh immigration-related consequences.... Read Answer

Significantly more information is needed in order to provide a legal analysis of ways you may be able to attain your goals. That may include, for example, information about your current nonimmigrant visa, your immigration-related history, the date your fiance became a Permanent Resident, etc. There really is no substitute for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

The short answer to your question is "Yes." The longer answer is that a significantly higher level of scrutiny may be expected from immigration officials to determine the bona fide nature of the relationship following a previous marriage and divorce, and this may include seeking evidence that the initial marriage and divorce were part of the ordinary (if perhaps unusual) pathways of relationships and had nothing to do with fraudulent attempts to obtain immigration benefits. It would be wise for the U.S. citizen fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies, and who then could offer legal representation in the often complex application process.... Read Answer

Although not completely clear from your email, it sounds like your fiance never overstayed her authorized time in the U.S., and if the fiance petition was properly prepared and well documented I would expect it to be approved. It is not clear what you mean by "the agent that we've hired for our petition"; if you hired an experienced immigration lawyer then you should be able to rely on his/her assessment of the strength of your case and likelihood of approval. The unauthorized practice of law is a very serious matter, and each year many people are harmed (some irreparably) by steps taken by so-called "notorious," "form-fillers" or others who claim to be able to help someone navigate the often complex immigration application process. If you have hired someone other than an immigration lawyer (or in some instances an officially accredited representative), then you should seriously examine: whether that person may be engaged in the unauthorized practice of law, whether you promptly should engage an immigration attorney to review the steps that person took and to represent you in the remaining immigration-related steps; and even whether that person should be reported to authorities.... Read Answer

Generally, when a foreign national who entered the U.S. lawfully and with inspection has become married to a U.S. citizen, the couple may succeed in a marriage-based adjustment of status application process, and this is true even if the foreign national previously was married, initiated an immigration application process, and then became divorced. Note, however, in the new marriage-based case, the USCIS can be expected to scrutinize not only the current marriage, but also the previous marriage, to assure both were bona fide relationships and neither was entered for the purpose of fraudulently obtaining immigration benefits. For this reason, the newly married couple should be prepared to supply a strong and persuasive set of documentary evidence of the bona fide nature of both marriages. Exactly what will constitute a strong and persuasive set of documents is determined on a case-by-case basis, taking into account all of the relevant circumstances. Of course, there are many other details that determine immigration eligibility too. There really is no substitute for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Significantly more information is needed in order to provide a legal analysis of ways you may sponsor your adoptive mother for immigration benefits. That includes, for example, at what age were you adopted? Are you now a U.S. citizen? A Permanent Resident? Some other Status? Is your adoptive mother now located abroad? If your adoptive mother is in the U.S., what are the details about her entry into the U.S. and what is her immigration-related history? Etc. There really is no substitute for you and your adoptive mother to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Yes, a U.S. citizen (even a dual citizen) who becomes married to a foreign national spouse may succeed with consular processing for the spouse so she may enter the U.S. and become a Permanent Resident. This is true even if the U.S. citizen is unemployed, although in that instance it may be necessary to have a "joint sponsor." Generally, any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated in the Affidavit of Support may serve as a joint sponsor. It would be wise for your brother and his wife to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain the couple's goals, and who then could offer legal representation in the often complex application process.... Read Answer

Yes, a U.S. citizen (even a dual citizen) who becomes married to a foreign national spouse may succeed with consular processing for the spouse so she may enter the U.S. and become a Permanent Resident. This is true even if the U.S. citizen is unemployed, although in that instance it may be necessary to have a "joint sponsor." Generally, any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated in the Affidavit of Support may serve as a joint sponsor. It would be wise for your brother and his wife to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain the couple's goals, and who then could offer legal representation in the often complex application process.... Read Answer